Kerala High Court Quashes False Sexual Assault & Rape Case Filed By Minor Girl Against Father For Objecting To Her Relationship

Justice Gopinath P quashed the criminal proceedings against the father by relying upon the mother's affidavit and a report submitted by the Victim Rights Centre that it was a false complaint.

“Taking into consideration Annexure-A4 affidavit of the mother of the victim as also the report of the Project Co-ordinator, the Victim Rights Centre, I am of the view that proceedings against the petitioner/accused can be quashed as it cannot be said that the petitioner had committed any of the offences alleged against him.”

The Court added that serious offences such as rape cannot be quashed on the ground of settlement. It observed that the criminal case was quashed not based on any settlement but on being convinced that false allegations were raised against the father.

The petitioner was the father and 2^nd respondent was the mother of the minor girl. The minor daughter raised false allegations of sexual assault and rape against her father under the provisions of the IPC and POCSO Act since he objected to her relationship. This case was pending before the Fast Track Special Court, Nadapuram.

Upon finding that the boy had sexually abused his minor daughter, the father insisted she file a complaint against the boy.

It was submitted that the boy who continued his relationship with the petitioner's daughter, compelled her to file a false complaint against the father. The petitioner-father thus approached the Kerala High Court seeking to quash the false case against him.

The Court sought a report from Advocate Parvathy Menon, Project Co-Ordinator, Victim Rights Centre for assisting the Court.

The mother filed an affidavit before the Court stating that the false complaint was lodged by the daughter against the father since he objected to her relationship with a boy. The report submitted by Advocate Parvathy Menon also indicated that the daughter had raised false allegations against the father. The Court found that the report also implied that the entire family maintains a very high opinion about the father.

“The report filed by the Project Co- ordinator, Victim Rights Centre, indicates that the interactions of the Project Co-ordinator with the close relatives of the victim, including her mother, maternal grandfather, and maternal uncles, indicate that the victim had given a false complaint against the petitioner on account of the fact that the petitioner and other family members of the victim had objected to her relationship with the aforesaid boy”, observed the Court.

The Court also referred to the decision in Vishnu v State of Kerala (2023) wherein it was observed that even though a minor was incompetent to enter into a contract, a parent or a guardian could enter a contract on behalf of the minor for compromising non-compoundable sexual offences if it is in the best interest of the child.

On finding that the allegations raised by the daughter were false based on the mother's affidavit and the report by the Victim Rights Centre, the Court quashed all further proceedings against the father.

Counsel for the petitioner: Advocate M P Priyeshkumar

Counsel for the respondents: Senior Public Prosecutor Noushad K A

Citation: 2024 LiveLaw (Ker) 41

Case title: XXX v State of Kerala

Case number: CRL.MC NO. 8258 OF 2023